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liability for worker's compensation or to undertake self-insurance. Prior to commencing the
<br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $1,000,000 per accident.
<br />d. Professional liability (errors and omissions) insurance, with a combined single limit of
<br />not less than $1,000,000 per claim.
<br />e. The following requirements apply to the insurance to be provided by Consultant
<br />pursuant to this section:
<br />(i) Consultant shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of
<br />this Agreement and shall be approved in form by the City Attorney.
<br />(iii) Certificates and policies shall state that the policies shall not be canceled
<br />or reduced in coverage or changed in any other material aspect without
<br />thirty (30) days prior written notice to the City.
<br />f. If Consultant fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refuses to furnish the City with required proof that insurance has been procured
<br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith
<br />terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
<br />time and materials expended prior to notification of termination. Consultant waives the right to
<br />receive compensation and agrees to indemnify the City for any work performed prior to approval
<br />of insurance by the City.
<br />7. INDEMNIFICATION
<br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, and representatives from liability: (1) for personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury,
<br />including health, and claims for property damage, which may arise from the negligence, willful
<br />misconduct, errors or omissions of the Consultant or its contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf which relates to the services described in
<br />section 1 of this Agreement; and (2) from any personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief, to the extent caused by the negligence, willful misconduct
<br />errors or omissions of Consultant or its contractors, subcontractors, agents, employees or other
<br />persons acting on their behalf. This indemnity and hold harmless agreement applies to all
<br />damages, just compensation, restitution, judicial or equitable relief suffered by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement, to the extent caused by the negligence, willful misconduct, errors or omissions of the
<br />Consultant or its contractors, subcontractors, agents, employees or other persons acting on its
<br />behalf in the performance of this Agreement. City may make all reasonable decisions with
<br />respect to its representation in any legal proceeding.
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